July 29, 2008 Gary Seyller 1450 Cove Creek Rd Quitman, AR. 72131 Dear Mr. Seyller On July 17, 2008, I performed an investigation of your property located at the above noted address in Cleburne County, AR. This investigation was in response to a complaint for the open dumping and burning of solid waste and garbage. Be advised that you are in violation of the Arkansas Air Pollution Control Code A.C.A. '8-4-310, and the Arkansas Solid Waste Management Act, A.C.A. '8-6-205. Specifically, the following violations were noted:

1. Operation of an unpermitted solid waste dump site or disposal facility, which is in violation of '8-6-205 (a)(3), (4) and (5). "No person shall dispose of solid waste at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the Department."

2. Open burning of this waste which is in violation of the Arkansas Air

Pollution Control Code, A.C.A. ' 8-4-310(a)(1)(2), and (3). By law anyone who violates any provision of the Solid Waste Management Act may be subject to criminal, administrative and civil penalties up to $10,000. You should immediately cease the activities described and undertake measures to correct the above solid waste violation. You must notify me, in writing, at PO Box 442, Mtn. Home, AR. 72654, or call 870-424-3322, within 10 days of the date of this letter, when all the waste has been cleaned up and disposed of properly at a permitted landfill or disposal facility. Copies of your waste disposal receipt will be required. Please be advised, that failure to correct this violation and contact with me in regard to this notification will warrant formal enforcement action. Your cooperation is appreciated. Sincerely,

Gary Meador, Inspector Solid Waste Division

Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

Illegal Dump Worksheet Revised 04-04-07 FOR ADEQ USE ONLY Inspector Signature:

County Cleburne PDS ID 08-0506 AFIN 12-00000 Page 1 of 2

Date Received 6-30-08 Air Division Referred 7-1-08 SW Division

Received By

Parette, Michael

Complainant Name / Address / Phone Anonymous Cleburne County OEM Director, Billy Cockrell at 501-206-9099.

Complaint Lodged Against / Address / Phone Gary Seyller 1450 Cove Creek Rd Quitman, AR. 72131

Location Description Complaint Description of Waste Quitman, Hwy. 25 N to Hwy. 16 N. to 1450 Cove Creek Road. TAKE A CLEBURNE COUNTY DEPUTY IF POSSIBLE.

Dumping and burning C & D waste, mostly roofing shingles.

Investigation Section Date Investigated 7-17-08 Time Investigated 1230

SECTION 1 Size of Waste Mass Violation Ranking Points Length Width Height Total ~yd3

>640 yd³ 5 320 yd³ to 640 yd³ = 16 roll offs 5 5 160 yd³ to 320 yd³ = 8 roll offs 4 80 yd³ to 160 yd³ = 4 roll offs 3 40 yd³ to 80 yd³ = 2 roll offs 2 40 yd³ or < = 1 roll off 1

Size of Waste Mass Score 5

SECTION 2 Contents of Waste Mass Violation Ranking Points

Household Waste 5 5 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5 White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 3 Construction/Demolition Waste 3 3 Approximate Number of Tires: 3 Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2 Yard Waste 1 Dead Animals 4 Other

Contents of Waste Mass Score 11

Illegal Dump Worksheet Revised 04-04-07 FOR ADEQ USE ONLY Inspector Signature:

ADEQ Complaint/Illegal Dump Investigation Worksheet PDS ID Page 2 of 2

SECTION 3 Site Assessment Violation Ranking Points

Air Pollution Open Burning 5 Air Pollution Evidence of Open Burning 4 4 Air Pollution Strong; Foul Order Present 3 Water Pollution Waste in or near standing or flowing water 5 5 Water Pollution Probability of leachate (run-off) into ground/surface water 5 5 Public Health Risk Assessment Vectors sighted 5 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 Site Usage Assessment Site attended or maintained for a fee 5 Site Usage Assessment History of previous complaints 5 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 5 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2

Site Assessment Score 19 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation) TOTAL SCORE 35

GPS Reading 35º 27’ 35.68” N 92º 09’ 23.97” W

SECTION 4 Violations

Solid Waste Management Act §8-6-205 X (a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site

without a permit from the department

X (a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or for which a permit has been issued by the department

X (a)(3) Individual’s household disposal that creates a public or private nuisance or a hazard to health and/or violates a city ordinance or other law and/or involves the open dumping of garbage

(a)(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes upon property owned by another person without the written permission of the owner or upon public property

X (a)(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules, regulations or orders of the department, or create or likely to create a public nuisance or public health hazard or to cause or likely to cause water or air pollution (Ark. Water and Air Pollution Control Act §8-4-101 et seq)

(a)(5)(b) A rebuttal presumption when one (1) or more items of solid waste bear the name to indicate that the person committed the unlawful act of disposal

Air Pollution Control Code §8-4-310(a)(1)(2)(3) X 5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or

shall conduct a salvage operation by open burning

Investigation Comments I investigated the site on this date with OEM Director, Billy Cockrell and a Cleburne Co. Deputy. No one was home at the time of the investigation. Observed and photographed C & D waste, mostly roofing shingles, trash, and old appliances dumped between the house and shop building. Also observed evidence of open burning of the waste.

Final Disposition

INVALID COMPLAINT X VALID COMPLAINT No evidence found X Letter Sent No illegal disposal occurring Follow-up Investigation Salvageable materials Response Received 8-6-205(a)(3) exemption No further action

Unknown violator – No further action Complaint Forwarded To